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1. Publication in the newspaper. During the liquidation period of the company, it can be published in the newspaper, which needs to be published in a newspaper approved by the local industrial and commercial bureau, and domestic enterprises only need to publish the newspaper once, and foreign-funded enterprises need to publish the newspaper three times. It is best to choose ** for publicity, and the cancellation announcement needs to be publicized for at least 45 days.
2. Cancellation of social security.
The Social Security Administration will check whether the company has any non-payment. After passing, you will receive the "Social Security Cancellation Notice".
3. Cancellation of national and local taxes.
Within 15 days from the date of termination of the company, the company shall apply to the original tax registration authority for tax cancellation, first the national tax and then the local tax.
The Inland Revenue Department will check whether the company has paid the tax. After passing, you will receive the "Tax Cancellation Notice".
Fourth, go to the industrial and commercial bureau to handle the company's cancellation of the record.
After 45 days of publication, you can go to the industrial and commercial bureau where the company is registered to handle the company's cancellation of the record and cancel the company's business license. After passing, you will receive the "Notice of Approval of Cancellation of Registration" issued by the Industrial and Commercial Bureau.
5. Cancellation of bank accounts.
Go to the company's opening bank to cancel the company's account opening license and other accounts such as basic bank accounts.
6. Cancellation of seals.
Finally, the company seal should be cancelled by the public security organ where the company seal is registered.
When a company declares bankruptcy, or is acquired by another company, the company's articles of association stipulate that the business period expires, the company is dissolved by division, or is ordered to close down due to some irregular business operation methods, the company can apply for deregistration.
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Bring the materials, first cancel the tax, take the tax clearance certificate, and then publish it for 45 days before going to cancel the industrial and commercial business. I think it's very troublesome, and the whole process of cancellation is handled online. The cancellation of our company is done in Alipay, and you can search for it in Alipay or WeChat applet.
Rest assured for life.
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What are the procedures for deregistering a company? If the company is no longer in business, then remember to deregister, otherwise it is very risky.
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Legal Analysis: The Process of Enterprise Deregistration: 1. Publication in the Newspaper; 2. Cancellation of social security. 3. Cancellation of national and local taxes. Fourth, go to the industrial and commercial bureau to handle the company's cancellation of the record. 5. Cancellation of bank accounts. 6. If the seal is cancelled, the company seal shall be cancelled at the public security organ where the company's seal is registered.
Legal basis: Article 179 of the Company Law of the People's Republic of China If a company merges or separates and the registration items are changed, it shall go through the change registration with the company registration authority in accordance with the law; If the company is dissolved, it shall go through the registration of the company's cancellation in accordance with the law; If a new company is established, the establishment and registration of the company shall be handled in accordance with the law.
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Legal analysis: Submit the application materials in accordance with the regulations of the industrial and commercial department where the company is located, and then wait for acceptance, and decide to cancel after review. The materials to be submitted generally include an application for deregistration signed by the person in charge of the company's liquidation organization; Application for Deregistration of the Company signed by the legal representative of the company; Bankruptcy rulings of courts, documents ordered by administrative authorities to close down, or resolutions or decisions of the company in accordance with the Company Law; Liquidation report confirmed by the shareholders' meeting or relevant authorities; Tax payment certificate issued by the tax department; Proof of account cancellation issued by the bank; The original and copy of the Business License of Enterprise Legal Person; Other documents that laws and administrative regulations provide shall be submitted.
Legal basis: Article 188 of the Company Law of the People's Republic of China After the liquidation of a company is completed, the liquidation team shall prepare a liquidation report, submit it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the company registration and announce the termination of the company.
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Company cancellation procedures: 1. Company cancellation procedures: establishment of a liquidation group; (TBD, depending on the situation) steps for liquidation:
Different laws apply to the liquidation of the company due to the different nature of the liquidation: 1. The liquidation of the company due to bankruptcy shall be governed by the Enterprise Bankruptcy Law and the Civil Procedure Law. 2. The Company Law and the Civil Procedure Law shall apply to the Company Law and the Civil Procedure Law due to non-bankruptcy liquidation (referring to the voluntary dissolution of the company and the situation where the company is ordered to dissolve in accordance with the law).
Regardless of the nature of the liquidation of the company, the following steps shall be followed: 1. Establish a liquidation group. 2. Liquidation.
The liquidation group will take over the company from the date of establishment and carry out the following businesses: 1. Take over the company's property; 2. Settle the company's outstanding business; 3. Collect creditor's rights and clear debts; 4. Distribute surplus property; 5. Cancel the company's legal personality and revoke the business license. 3. Notify creditors to declare their claims.
4. Propose a liquidation plan. After liquidating the company's property and compiling the balance sheet and property list, the liquidation team intends to propose a liquidation plan, which will be submitted to the shareholders' meeting for discussion and approval or confirmed by the competent authority. The main contents of the liquidation plan are:
1. Liquidation costs; 2. Wages and insurance premiums for employees who should be paid; 3. Taxes payable; 4. Settle the company's debts. 5. Distribution of surplus property. 6. Terminate the liquidation work.
1. After the liquidation group terminates the distribution, it shall make a liquidation final report, report to the shareholders' meeting or the competent authority for approval, and apply for cancellation of the company's legal personality and revocation of the business license. 2. The industrial and commercial bureau receives the relevant documents for cancellation of registration and; Handling cancellation announcements (three times); 3. Handle tax cancellation registration; 4. Handle the cancellation of industrial and commercial registration, and transfer the equity firstEquity Transfer Procedure:
Equity is owned by shareholders, so of course the transfer money is directly paid to the shareholder's account, and it must be the same as paying you for selling something. If the equity is formed by the company's investment in the form of a corporate shareholder, the equity change and transfer shall be handled before the company is deregistered.
Company Law of the People's Republic of China
Article 188.
After the liquidation of the company is completed, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the company's registration and announce the termination of the company.
Company Law of the People's Republic of China
Article 180.
The company was dissolved for the following reasons:
1) The expiration of the business period specified in the articles of association of the company or the occurrence of other reasons for dissolution as stipulated in the articles of association;
2) The shareholders' meeting or the resolution of the general meeting of shareholders to dissolve;
3) The company needs to be dissolved due to merger or division;
4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law;
5) People's courts are to be dissolved in accordance with the provisions of article 182 of this Law.
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Step 1: The company in the "National Enterprise Credit Information Publicity System (Guangdong)" (publicize the liquidation team personnel and carry out enterprise liquidation. Step 2:
Publish a cancellation announcement through a newspaper or choose to publicize the cancellation of the enterprise in the "National Enterprise Credit Information Publicity System." The announcement period is 45 days. Step 3:
If there is no objection to the expiration of the publicity period, the company shall apply for registration with the registration authority within 30 days from the date of expiration of the announcement period and submit the following materials: 1 Application for Cancellation of Registration of Enterprises 2. The company shall make a resolution or shareholder decision of the shareholders' meeting for dissolution in accordance with the Company Law. 3 wholly state-owned companies to apply for cancellation of registration, should also be submitted to the State-owned assets supervision and administration of the decision.
Among them, the most important wholly state-owned companies identified by the first shall also submit a copy of the approval documents of the people at the same level. (Non-state-owned companies do not need to do this) 4. Enterprise tax clearance documents issued by the tax department. 5. Liquidation report confirmed by the shareholders' meeting or one-person shareholder.
6. Where a cancellation notice is published through a newspaper, a sample of the newspaper in accordance with the law shall be submitted. If it is publicized through the National Enterprise Credit Information Publicity System (Guangdong), the printed page diagram of the liquidation group filing and creditor announcement shall be submitted. 7. If laws, administrative regulations and decisions stipulate that the company's cancellation must be submitted for approval, the relevant approval documents shall be submitted.
If not, this item is not required) 8 Original and duplicate of business license.
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To put it simply, go to the industrial and commercial filing and publicity company for cancellation, and at the same time go to the tax department for cancellation, get the tax clearance certificate, and then return to the industry and commerce for cancellation after 45 working days, and finally go to the bank to handle the account cancellation.
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What are the procedures for deregistering a company? If the company is no longer in business, then remember to deregister, otherwise it is very risky.
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The process of deregistration of the company is that the shareholders' meeting or the general meeting of shareholders makes a resolution to dissolve the company through a special vote; Establishment of a liquidation group; notice or announcement to creditors; formulating a plan for the distribution of property; cancellation of registration; Announcement of the termination of the company. After the company is deregistered, its legal personality is extinguished, and it no longer enjoys the capacity for civil rights and civil conduct.
Article 46 of the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on the Administration of Registration of Market Entities.
The following materials shall be submitted to apply for cancellation of registration:
1) Application form;
2) Resolutions or decisions on dissolution or cancellation made in accordance with law, or documents in which business licenses have been revoked, ordered to be closed, or revoked by administrative organs;
3) The liquidation report, the document responsible for the liquidation of creditor's rights and debts, or the certificate of the completion of the liquidation of debts;
4) Tax clearance certificate issued by the tax department.
In addition to the provisions of the preceding paragraph, where a people's court appoints a liquidator or bankruptcy administrator to carry out liquidation, it shall submit a certificate of designation by the people's court; When a branch of a partnership enterprise applies for cancellation of registration, it shall also submit a written decision to cancel the branch signed by all partners.
Where an individually-owned business applies for cancellation of registration, it is not necessary to submit the materials in items 2 and 3; If an application is made for cancellation of registration of a market entity due to a merger or division, it is not necessary to submit the third item of the Spring Exchange.
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The company deregistration process generally includes the following steps:
1.Decision to deregister: The reason for the company's decision to deregister may be the end of the business, merger and reorganization, and the liquidation of the company. Internal discussions and decisions are required before a decision is made to deregister.
2.Convening a general meeting of shareholders: In accordance with the provisions of the company's articles of association, a general meeting of shareholders shall be convened and all shareholders shall be notified to participate. At the general meeting of shareholders, a resolution is required to confirm the decision to deregister the company.
4.Tax deregistration: apply to the tax department for tax deregistration, including tax payment, cancellation of tax registration, etc.
5.Handling industrial and commercial cancellation: apply to the administrative department for industry and commerce for industrial and commercial deregistration, including submitting cancellation applications, paying cancellation fees, and handling cancellation of false records.
6.Liquidation of assets: According to the cancellation plan, the company's assets are liquidated, including liquidation of claims and debts, disposal of assets, etc.
8.Cancellation of registration: After completing the above steps, submit an application for cancellation of registration to the administrative department for industry and commerce, and go through the cancellation formalities.
9.End of cancellation: After the administrative department for industry and commerce has passed the examination, the cancellation certificate will be issued, and the company's cancellation procedures will be completed.
It should be noted that the specific process of company deregistration may vary depending on the region and type of company, and it is recommended to consult with relevant professionals or institutions before proceeding with company deregistration to ensure that the operation is carried out in accordance with the requirements of laws and regulations.
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